...occasional cases Tunisian courts have already resolved. Rather, the trend towards arbitration was essentially prompted by domestic laws favoring the settlement of disputes related to foreign investment through arbitration. Thus,...
Search Results for : %2Jurisdiction and Powers of the Courts in Matters of Arbitration Generally"
...Tribunal built on the model of tripartite arbitration. Indeed the UNCITRAL Arbitration Rules created for private commercial arbitration became the model for the Tribunal at The Hague, and the decisions...
International Arbitration: Scapegoat or Solution – Vol. 13 No. 1-4
...past, courts had taken different positions on the question. Some courts had ruled class actions not permissible in arbitration, while other courts had ruled class actions permissible and directed the...
Class Actions In Arbitration* – Vol. 14 No. 1-2
...of Arbitral Awards Description: I. ARBITRATION UNDER SEVERE CRITICISM International arbitration is subject to criticism by users on several grounds: • First, not infrequently the parties are not given a...
Third Generation Arbitration By The European Court Of Arbitration* – ...
...arbitrator challenges in arbitrations and advocate a hands-off approach towards arbitrator conduct in general. However, the resistance of federal courts does not completely preclude arbitrators from oversight. Institutional rules, state...
How Challenging is the Challenge, or Can U.S. Courts Remove ...
...into the same antiquated arbitration statute. Enacted 75 years ago as a simple procedural device to enforce arbitration in federal courts, the Federal Arbitration Act (FAA) has now been pressed...
Amending The Federal Arbitration Act – Vol. 13 No. 1-4
...Federal Arbitration Act (“FAA”) with nationwide subpoena power. It is submitted that it is possible that such power may exist, at least where an arbitration clause or the governing arbitration...
Nationwide Arbitration Subpoenas Under the United States Arbitration Act – ...
Articles International Commercial Arbitration in Belgium Bernard Hanotiau International Commercial Arbitration in the United States Michael Hoellering The Hong Kong Arbitration Ordinance: Some Features and Recent Amendments Neil Kaplan International...
Volume 1: Issue 1 (March 1990)
...it? Is the absolute consent of a party to the arbitration agreement not needed or can an independent right of claim or defense be brought before arbitration proceedings? Is the...
The “Privy to Arbitration” Doctrine: The Withering of the Common-Law ...
...finality and consistency that is inherent in international investment arbitration. And fourth, it can help to safeguard the credibility of international arbitration as a practice by signaling to nations and...
Empirics-Based Umbrella Clause Interpretation
...the rules and institutions governing the settlement of economic disputes by arbitration. Arbitration in the Soviet Union consists of two separate and unrelated systems: domestic economic arbitration and foreign trade...
An Outline of Recent Changes in Soviet Domestic and International ...
...more specifically, the judicial role in arbitration. Was arbitration a protean form of dispute resolution that allowed the parties to define even the role of the courts in the arbitration...